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LaBUHN v. BULKMATIC TRANSPORT CO.

No. 86-2664.

865 F.2d 119 (1988)

Joe LaBUHN, Plaintiff-Appellee, v. BULKMATIC TRANSPORT COMPANY, Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided December 29, 1988.

Attorney(s) appearing for the Case

Lawrence C. DiNardo, Seyfarth, Shaw, Fairweather & Geraldson, Chicago, Ill., for defendant-appellant.

Paul Alan Levy, Public Citizen Litigation Group, Washington, D.C., for plaintiff-appellee.

Before POSNER and RIPPLE, Circuit Judges, and ESCHBACH, Senior Circuit Judge.

POSNER, Circuit Judge.

This lawsuit presents an issue of federal preemption in a tangled procedural setting. We simplify where possible. The suit was originally filed in an Illinois state court in 1986. The plaintiff, Joe LaBuhn, sought compensatory and punitive damages against Bulkmatic Transport Company, which had employed him as a driver of its chemical trucks. The complaint charged that Bulkmatic had violated the common law of Illinois by firing him in retaliation...

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